Froedtert Appeal in Circuit Court Delays Reburials

Froedtert Hospital is continuing to fight the Wisconsin Historical Society’s decision approving our reburial plan for the 831 ancestors exhumed in 2013. Unfortunately, this means the reburial of the ancestors housed at the University of Wisconsin–Milwaukee will remain on hold until the pending appeal has been resolved.

After the Division of Hearings and Appeals dismissed their appeal on January 10th, finding that it did not have the authority to hear the case, Froedtert and the county filed an appeal in Milwaukee County Circuit Court on February 10th. The case, Milwaukee County et al. vs. Christian W. Overland et al. (2025CV001230), has been assigned to the Hon. William Sosnay. While there is not a set timeframe, it is not likely to be concluded quickly.

Milwaukee County Courthouse (Credit: Ed Bierman. Creative Commons Attribution 2.0 Generic license)

Froedtert Hospital has raised concerns about the cost of our reburial plan, citing it as “too excessive;” the costs, however, are reasonable and reflect careful consideration of several factors. Finding a place for 831 individual graves within a single area in Milwaukee County was no easy task, and we are confident in our choice of Forest Home Cemetery & Arboretum.

Our plan includes not only the initial cost of reburial but also perpetual care, which will involve ongoing maintenance and upkeep of the graves long after we are gone. This is expected and required for cemeteries in Wisconsin, ensuring the graves remain secure, well-maintained, and accessible to future generations.

The cost of our reburial plan is directly tied to when the reinterments are completed. The more time that passes before the reburials take place, the lower the cost will be for each grave. Froedtert will ultimately bear the increased costs, as they are responsible for paying regardless of when the reburials occur.

Next Steps

Our community is committed to ensuring that every person who was exhumed in 2013 receives the respect they deserve. We are not just fighting for ourselves; we are fighting for the values of our ancestors and the people who built Milwaukee County.

“Our direction at this time is to wait for these court things to happen,” Descendant Community President Judy Houston said. “It is really unfortunate. I’ve been very sad that these people will not be reburied this year.”

Despite this delay, we continue telling our story. We will also continue our genealogical research, identifying veterans and others with the hope of re-uniting them with their families.

Join Us

Join us in this fight for dignity and respect. Donate now or contact us to volunteer to help us honor our ancestors and ensure their legacy continues to thrive. Our community relies on volunteers like you to help us identify veterans and others who deserve reburial; training is provided, and we invite you to join our team!

Milwaukee County and Froedtert Hospital Appeal Reburial Decision

Milwaukee County and Froedtert Hospital filed appeals against the Wisconsin Historical Society’s decision regarding the reburial plan for the 831 ancestors exhumed in 2013.

The Division for Hearings and Appeals (DHA) has taken up Milwaukee County’s appeal. (Froedtert’s appeal is more recent and will likely be joined with it.) The case, Milwaukee County v. State Historical Society (DHA Case No. SHS-24-0001) has been assigned to Administrative Law Judge Angela Chaput Foy. The County, the Wisconsin Historical Society, and any other entity wishing to file briefs must do so before the next pre-hearing conference, which is scheduled for January 22, 2025.

Photograph of the Center for Advanced Care in the background.
The 831 ancestors were disinterred to construct the Center for Advanced Care building

Reasons for Appeal

Milwaukee County and Froedtert Hospital cite several reasons for their appeals. While they vary in their wording, they are similar:

  • Lack of due process
  • Procedural errors
  • Misinterpretation of definitions
  • Unlawful exercise of discretion (The county, in particular, says that the decision prohibits it from complying with its ordinances and procurement processes.)

These are largely the same reasons the county requested that the Burial Sites Preservation Board review the decision previously. At a meeting of the board held on August 8, 2024, Wisconsin Historical Society Attorney Sarah Larson explained that the request for review, which had been accepted past the deadline, lacked merit. The minutes from this meeting are available on the Wisconsin Historical Society’s website. While both the county and the hospital claim that they were unaware of this meeting, it was publicly announced and several members of the Descendant Community attended.

Our Commitment

As this appeal progresses, the Descendant Community remains committed to ensuring the respectful and dignified reburial of the 831 ancestors who were exhumed. We encourage the community to stay informed and involved as we work to honor the individuals once buried at Milwaukee County Grounds Cemeteries and address the impacts of past actions.

Descendant Community to Oversee Reburial of 831 Ancestors

In April 2024, the Descendant Community of Milwaukee County Grounds Cemeteries, Inc. was awarded the responsibility for the dignified reburial of 831 ancestors exhumed from the Milwaukee County Grounds Cemetery 2 in 2013. While a small DNA research project was proposed, the Wisconsin Historical Society (WHS) determined it was not appropriate for this disposition.

Following a review process, WHS Director Christian W. Øverland finalized the decision on September 9, 2024. The remains will be transferred to Forest Home Cemetery & Arboretum, with reburials starting as early as November 8, 2024, and concluding by September 2025.

With this celebratory news, we conclusively share:

  • Our descendant community’s voice has been recognized!
  • We received the award for dignified reburial.
  • The remains will no longer be used for research but will be laid to rest at Forest Home Cemetery.
  • There will be a memorial/monument at the new burial site.
  • Froedtert Hospital, as the disturbing entity, must pay the cost associated with the dignified reburial, including a marker to honor the reinterred individuals.
  • The award includes a 1-year interment plan, providing quick resolution (not a drawn-out process).
  • This dignified reburial disposition may create a future pathway for other County Grounds burials beyond this specific award.
A grass field with trees and a storage shed in the background.
Section of Forest Home Cemetery & Arboretum which will be the reburial ground of 831 ancestors disinterred in 2013 from Cemetery 2

Support Our Efforts and Future Projects

In addition to this good news, our researchers have also identified three more veterans previously unrecognized for their service. Due to our focus on the reburials, we will not hold a Veterans Day event this year, but we look forward to honoring these veterans with you in 2025.

While Froedtert Hospital is covering the costs of the reburial, we rely on the generosity of the community to fund essential overhead and future initiatives, including the Veterans Day event in 2025. Your donations are crucial to help us preserve the memory of those buried at Milwaukee County Grounds Cemeteries and to support our ongoing efforts, including the recognition of these veterans and the creation of memorials.

Please consider making a donation to support the Descendant Community’s mission. Every contribution—no matter the size—helps us honor our ancestors and ensure the success of future projects.

Explore our updated website to donate, learn more about our projects, check out our publications, find answers in our FAQs about the reburial project, and more.